The Board remands the claims for service connection for a cervical spine condition, including degenerative arthritis, C3-C7; cervical spine degenerative disc disease, including Intervertebral Disc Syndrome of C3-C7; cervical spinal stenosis; right hand and arm neurologic condition, including right cervical radiculopathy; and obstructive sleep apnea to correct a duty to assist error that occurred prior to the August 2020 rating decisions on appeal.
The deciding factor: The Board finds that a VA medical opinion is required to determine whether the cervical spine conditions and neurologic condition are aggravated by the service-connected right shoulder strain, as well as to determine if obstructive sleep apnea is due to the service-connected right shoulder strain.
- Claimed conditions
- cervical spine condition, including degenerative arthritis, C3-C7, cervical spine degenerative disc disease, including Intervertebral Disc Syndrome of C3-C7, cervical spinal stenosis, right hand and arm neurologic condition, including right cervical radiculopathy, obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2025
- Citation
- A25056172
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
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